Stuart CRIMINAL DEFENSE LAWYERS

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Attorney John Musca

Our Winning Strategy to Win Your Case

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Attorney John Musca

Our Winning Strategy to Win Your Case

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Stuart Criminal Lawyers

Whether you have been arrested after your vehicle has been pulled over for a traffic violation or you have been confronted at your front door by an officer that wants to search the property, an understanding of your legal rights is an absolute necessity. The U.S. Constitution and other state and federal laws offer powerful shields against law enforcement officers who rush to judgment and overzealous prosecutors. If officers or agents try to interrogate you, the best option is to unambiguously indicate you wish to assert your right to remain silent and to have your attorney present. Our Stuart criminal lawyers demystify the legal process, protect your legal rights, and persuasively defend clients against misdemeanor and felony charges.

Stuart DUI Lawyers

Stuart Florida drunk driving laws do not make it a crime to drive after you have been drinking. You commit the crime of “driving under the influence” (DUI) if you have “physical control” or drive your vehicle with a blood alcohol level (BAL) of .08 percent or above or if you drive while your “normal faculties” are impaired. (See Section 316.193 of the Florida Statutes). While the precise punishment imposed will depend on a range of considerations that include prior convictions, BAL level, and other aggravating factors, you could face the following:
  • Jail/Prison Time
  • Exorbitant Fines and Expenses
  • Drunk Driving School
  • Substance Abuse Treatment
  • Mandatory Use of an Ignition Interlock Device (IID)
  • Vehicle Impoundment
  • Driver’s License Revocation
  • Probation

Stuart DUI Defense Tailored to Your Case

Our Stuart DUI lawyers tailor our defense strategies to the specific facts and circumstances of your case, but we may employ some or all of the following defenses:
  • Explaining the inherent risk of false positive determinations of intoxication based on standardized field sobriety tests (SFSTs)
  • Exposing improper procedures when conducting the DUI investigation, SFSTs, and/or chemical testing
  • Showing that a driver’s BAL was under the legal limit when stopped but rose above this threshold by the time a chemical test was conducted (Rising Blood Alcohol Defense)
  • Proving the arresting officer lacked adequate facts to initiate a stop
  • Revealing misrepresentations, exaggerations, or lies by the officer

Domestic Violence Lawyers in Stuart

While domestic violence constitutes a serious issue, political and media attention has escalated the pressure on police and prosecutors to aggressively pursue these cases. This pressure can promote overzealousness by law enforcement officers and the government lawyers who prosecute these cases. Domestic violence in Stuart is defined pursuant to Section 742.28 of the Florida Statutes to include a range of crimes involving violent behavior or threats to engage in acts of violence against members of the accused’s family or household. Although the statute enumerates specific offenses including assault, battery, kidnapping, sexual assault, sexual battery, and stalking, the provision also has a catch-all provision that applies to crimes that result in injury or death.

Domestic Violence Allegations

If you are convicted of a sex crime, potential incarceration, a batterer treatment program, fines, and probation only tell part of the story in terms of consequences. Allegations of domestic violence sometimes will be fabricated in civil litigation involving child custody or divorce. Domestic violence allegations can be misused to seek an injunctive order that can impact your custodial parenting rights, child visitation, and your right to live in your own home. Even if you are not involved in this type of family court dispute, a criminal record of domestic violence could lead to the loss of your job, difficulty obtaining a promotion, and limitations on where you can be at any given time. Our domestic violence lawyers in Stuart recognize the oppressive nature of restrictions that accompany domestic violence convictions, so we work tenaciously to expose false allegations and to pursue the best possible results for our clients.

Stuart Sex Crime Lawyers

Individuals targeted with allegations of a sex crime face a unique challenge. The mere accusation of this type of criminal offense frequently creates a cloud of doubt and suspicion among family members, co-workers, friends, neighbors, and others in your community that can be very difficult to dispel. Our Stuart sex crime lawyers work to mitigate this damage to our clients’ reputation. Conviction of a sexual offense carries serious consequences. Things considered sexual offenses include things like: Depending on the charge and the relevant circumstances, the penalties might include jail/prison, fines, counseling, and probation. Sex Offender Registration in Stuart Florida However, sex offender registration constitutes the most onerous burden associated with a conviction of this category of offense. If you are required to register, your identity and other information will be accessible to the public by simply searching a website. The sex offender registration requirements under state law often will be reinforced by local ordinances that make it virtually impossible for a sex offender to live or work anywhere. While no one wants to be charged with this type of crime, an allegation does not mean you did anything wrong. Our Stuart sex crimes defense lawyers are not here to judge you, we are here to safeguard your rights and provide a persuasive defense. Effective and Persuasive Defense Against Criminal Charges in Stuart Although the above offenses account for many charges our clients must confront, we represent individuals charged with the full plethora of offenses like the following:

Stuart Criminal Defense Lawyers

Fighting the law requires strategic and aggressive tactics. When it comes down to your freedom, there is no room for error. Our 150 years of combined criminal defense expertise makes us stand out from the rest. If you have been arrested or contacted by law enforcement regarding a pending investigation, you should not speak to the police or detectives without an experienced Stuart defense lawyer to protect your rights and advocate for your future. Our team is available 24/7 to assess your case and determine how we can help. Call our office today.

Federal Crimes

There are some criminal acts that are unlawful according to both state and federal laws. If you are charged with one of these crimes you can be tried in either state or federal court. That determination will be made by the U.S. attorney. Other criminal acts, however, are only classified as federal crimes. Some instances of these crimes that are able to be prosecuted at the federal level include:
  • Controlled Substance Trafficking: Trafficking is able to be charged as either a state crime or a federal crime. You may be charged with trafficking for possessing even tiny quantities of illegal drugs. You can also be charged with trafficking even if you are not really involved in drug trafficking because these laws classify the offense of trafficking by how much of a given illegal drug is found on your person or on your property.
  • Wire Fraud: Mail fraud and wire fraud are similar crimes that involve your use of the federal mail system or wire transmission to participate in committing fraud or some other similar crime.
  • Tax Fraud: Deliberately misleading the Internal Revenue Service, or purposely neglecting to file and pay your yearly income taxes, will be considered a federal crime. Cheating the IRS is a singularly federal crime that is only tried in federal court, and never on the state level.
  • Federal Gun Crimes: The ownership of a gun by any felon is prohibited under both state and federal law. You could possibly be charged with this offense or any number of other federal gun crimes and tried in federal court, according to the wishes of the U.S. attorney.
These are just some examples of the kinds of criminal acts that can pave the way for federal charges. Also, any time that you participate in criminal behavior that crosses state lines, or when you participate in organized crime, you run the risk of being charged in federal court.

First Time Criminal Offenders

If this is the first time that you have ever been charged with a crime, then you are probably under a great deal of pressure and you may be overcome by fear about the potential outcome of your situation. Luckily, the absence of a criminal past offers you a fantastic bargaining chip that we can use to your advantage to help you settle your predicament successfully, which ideally means that our Stuart, Florida criminal defense attorneys are able to have your first criminal charges abandoned, reduced, or dropped altogether.

Pre-Filing an Intervention With the State

Your arrest is just the first action in the process of formally charging someone. What this means is that there is still a possibility that we will be able to get your case tossed out. At its core, a police report is just a fancy complaint that is accusing you of criminal conduct. Simply because the police report has been documented; this does not automatically mean that the state is going to proceed with the charges. Even if the prosecuting attorney feels like the case against you is solid, there are still defensive measures that our Florida criminal defense attorneys can take, such as finding vindicatory evidence and hearing witness testimonies. By taking these steps, we might be capable of convincing the state to throw out your case or ask for substantially reduced charges.

What Do I Do if Formal Charges Against Me are Filed?

In the event that formal charges are actually filed against you, we still have an outstanding opportunity to work out an agreement that will result in either your case getting dismissed or an outcome which will allow you to apply for the sealing or expungement of your criminal record down the road.

Firearms and Weapons Crimes

Certain laws in Florida view many actions that concern the buying, owning or using firearms or weapons. A few of the most frequently committed weapon offenses are:
  • Carrying a concealed weapon
  • Carrying a concealed firearm
  • Improper Exhibition of a Dangerous Firearm or Weapon
  • Possession or Discharge of Destructive Device
  • Possession of a Firearm by a Convicted Felon

Weapons Enhancements vs Weapons Offenses

It is important to understand that weapon offense laws only include technical firearm and weapon specific crimes. These crimes involve any actions that characterize specific crimes that have taken place through the simple fact that someone erringly owned, bought, or used a firearm or a weapon. These laws are in an entirely separate category from the laws that deal with firearms and weapons enhancements. A charge with enhancements will either worsen the punishment for a crime or if the firearm or weapon is utilized during the commission of a criminal act, for instance, aggravated battery, aggravated assault, robbery, or other violent offenses, then it will earn a mandatory minimum prison sentence. The most popular firearms or weapons enhancement in the state of Florida is referred to as 10-20-Life. This law gives rise to a mandatory minimum state prison sentence in the event that a firearm is present, fired, or someone gets shot or killed from the use of a firearm during the perpetration of several violent crimes.

10-20-Life Mandatory Minimum Sentencing

The 10-20-Life sentencing for a charge of weapons enhancements means:
  • You carried a firearm: A mandatory minimum sentence of ten years in state prison.
  • You discharged a firearm:  A mandatory minimum sentence of 20 years in state prison
  • You shot and/or killed someone; A mandatory minimum sentence of anywhere from 25 years to life in state prison

Stuart Criminal Defense Lawyers

Fighting the law requires strategic and aggressive tactics. When it comes down to your freedom, there is no room for error. Our 150 years of combined criminal defense expertise makes us stand out from the rest. If you have been arrested or contacted by law enforcement regarding a pending investigation, you should not speak to the police or detectives without an experienced Stuart defense lawyer to protect your rights and advocate for your future. Our team is available 24/7 to assess your case and determine how we can help. Call our office today.

 

Florida Criminal Defense FirmDEDICATED TO DEFENDING YOUR RIGHTS

Beat Your Criminal Charges. Call Musca Law Today.


Whether you are fighting sex crime accusations or need to beat your DUI charges, our defense team is here to help. We bring decades of combined insight and experience to each and every case we take on. When you want your rights aggressively protected, be sure to turn to Musca Law.

Request a free case evaluation by calling our firm at (772) 227-1228. We are ready to help you.



Stuart Area

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850 NW Federal Hwy suite 436,
Stuart, FL 34994